Couple with baby asked to leave adults-only building; 'It's give up your home or give up your child'

Denise Ryan, Vancouver Sun11.13.2012

Debra Rousseau (left) and Thandi Schweitzer with their four-month-old Taylor Monday in Vancouver. The couple have been asked to leave their condo since Taylor’s arrival due to a no kids policy in the building.

When Thandi Schweitzer and her partner Deb Rousseau bought a two-bedroom unit in a condo at 36th and Main six years ago, they were aware the building had a bylaw restricting tenants to the age of 19 or older.

They weren’t too concerned.

After all, they had no immediate plans to start a family.

When they did decide to have a baby — little Taylor was born July 5 — they still felt confident: for years, the complex, Magnolia Gate, had been home to several families with children, and the bylaw had never been enforced.

The new parents received a rude awakening in early September when their strata gave them six months’ notice that a $200-per-week bylaw enforcement fine would be levied against them because they now had someone under 19 living in the building.

The strata also threatened to take the couple to B.C. Supreme Court over the issue.

“It’s give up your home or give up your child,” Schweitzer said of the ultimatum.

She added that until her baby was born, the age restriction went unenforced.

Age restriction bylaws are legal in B.C. under the Strata Property Act and the B.C. Supreme Court has historically upheld adults-only bylaws, in part because the Human Rights code does not protect from discrimination on the basis of age.

Although age restrictions are enforceable, in a challenging real estate market, they could become untenable.

The soft market and changing demographics in the Main Street area could make it very difficult for Schweitzer to sell her condo.

With five units in the building already sitting on the market, she’s not sure she can move her unit before March, when the fines kick in. Two-bedroom units at Magnolia Gate have been listing for between $450,000 and $480,000, Schweitzer said.

Strata president David Edmonds and strata member Cameron McFee both refused to talk to The Vancouver Sun about the matter.

According to realtor Maria Werbicki, who has shown units at Magnolia Gate and other buildings in the neighbourhood, comparable condos without age restrictions are valued at up to $50,000 more than those in age-restricted buildings. Value gaps of 10 to 20 per cent are the norm.

“Age-restricted buildings are very difficult to sell because the buyers’ segment has changed drastically since April,” she said.

With new mortgage restrictions putting single-family homes out of reach for many, a condo is now a common market entry point for young families.

“A lot of younger professionals with families are buying into condos. They are (in their) late 20s to early 40s and still looking to have children.”

The Canadian Mortgage and Housing Corporation does not offer insurance to buyers who purchase in age-restricted buildings, precisely because they are more difficult to sell.

Magnolia Gate condo owner Brent Schieman, who has a two-year-old, also received a notice to vacate or pay. He has seen the neighbourhood and the real estate market change drastically since he bought in the complex eight years ago.

Schieman said he and his wife had every intention of using the condo as a first rung on Vancouver’s real estate ladder, and planned to move once they started a family. But the enormous cost of a single-family home now has had them looking as far away as Ladner.

“We work in Vancouver, we have friends in the area, the playground next to our building is littered with toys. It’s become a family neighbourhood, and I’ve seen it change.”

He was shocked to get the notice. “The elderly neighbour upstairs, who would be most affected by our having a child just loves him and wants to see him every day.”

Mike Hawkshaw, who has two kids and rents in the building, said he isn’t interested in pursuing a lengthy legal battle, but he’s not happy. “Discrimination based on age is ridiculous and unfair. If it were a seniors’ building, I would understand, but it’s 19-plus.”

“Vancouver has changed,” Hawkshaw continued. “We can’t afford a starter home in this neighbourhood, a teardown starts at $600,000. It’s frustrating.”

Schweitzer said the issue has pitted the strata council members against the few owners that have children.

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Couple with baby asked to leave adults-only building; 'It's give up your home or give up your child'

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